The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)

This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its dominant position through a turnover premium system for 2016. The system allegedly strengthened the current positions of the biggest fuel distributors even further, thereby gave rise to discriminatory behavior amongst the distributors, eventually foreclosing the market against medium-sized and small-sized distributors. The Board decided that TÜPRAŞ’s turnover premium system did not amount to an abuse. The case did not turn into a full-fledged investigation as a result.
Background
TÜPRAŞ’s 2016 “Fuel Sales